WAGGONER v. DALLAIRE

No. 83-6275.

767 F.2d 589 (1985)

William C. WAGGONER, et al., Plaintiffs/Appellants, v. Robert Lee DALLAIRE, etc., Defendant/Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 29, 1985.


Attorney(s) appearing for the Case

Wayne Jett, Jett, Clifford & Laquer, Los Angeles, Cal., for plaintiffs/appellants.

Betty R. Sanders, Wright & Sanders, Atascadero, Cal., for defendant/appellee.

Before BOOCHEVER and BEEZER, Circuit Judges, and SOLOMON, District Judge.


BOOCHEVER, Circuit Judge:

Waggoner, et al. (the trustees) appeal the district court's decision that Dallaire, the owner of an excavating company, was not bound by the terms of a multiple-employer labor agreement. Because the district court erred in excluding relevant evidence of industry custom and in permitting withdrawal of a stipulation affecting the statute of limitations issue, we reverse the judgment of the district court and remand for further proceedings....

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